State Farm is one of the largest auto insurance companies doing business in the state of Texas. State Farm’s reputation is good. But handling a State Farm car accident claim when they insure another person is not fun and games.
Many people find dealing with an adjuster stressful and frustrating. The fact is that the adjuster is following the playbook they were given, which is designed to reduce or eliminate car accident injury claims.
If you were hurt in an accident with a State Farm insured and are making a personal injury claim, consider contacting an experienced car accident injury lawyer in Houston, TX.
The Other Guys Insurance Company is Not Out to be Fair
When you make an injury claim against a State Farm insured in Texas, they are not out to be fair. State Farm will go to great lengths to save money or deny a claim. The insurer has two objectives when a personal injury claim is made against its policyholder. One is to protect the insured, and the other is to pay as little as possible.
Insurance companies are in the business of making a profit, and fairness is not their primary concern. Knowing that fairness is not part of the process can help you deal with the claim. Understanding your rights and options when making a claim is vital to getting the compensation you deserve.
Recorded Statements are NOT Required to Make a Claim
Adjusters may claim they can’t process a claim against their insured unless you give them a recorded statement. You do not have to give a recorded statement to State Farm on a claim against a 3rd party (the other driver).
You may hear many arguments on why you need to give them a statement. However, our expert Houston car accident lawyers advise against providing a recorded statement to the at-fault driver’s adjuster.
Many people believe that a recorded statement will further their case, but the opposite is often true. Your words probably will not impact the adjuster’s determination, yet will be used against you in a car accident lawsuit. Most leading Houston auto accident injury attorneys recommend avoiding recorded conversations with adjusters.
What You Say Will Not Help You and Can Be Used Against You.
Adjusters are trained in how they ask leading questions. The training is designed to identify weaknesses that can be exploited against you. Questions like “When did you first see the car?” Or “What did you do to avoid the crash?” They are looking to gain admissions to use in denying or defending the case?
If you are going to let the adjuster record your story, be prepared for trick questions or areas of concern.
Some areas of Concern for Recorded Statements
- The extent of injury—It is not a good idea to state before you are sure about your injuries. Often, the adjuster reaches out immediately after the crash, before follow-up medical attention.
- Other accidents or claims – Open-ended questions about prior claims history will make you look bad.
- How the crash happened- The adjuster will be hoping for something they can use to place full or partial fault on you!
- What you told your doctors- this trick is to get you on record as having said something to the doctors. But the medical records may reflect otherwise.
Low Ball First Offers are the General Rule
A strategy that many adjusters use is that of the “lowball” offer. This negotiation strategy is based on resetting expectations on the value of your case.
The strategy is especially effective for those choosing to “represent themselves.” With the adverse insurance company. Because non-lawyers can’t realistically win a lawsuit, a jury trial tends to focus the insurer on the claim’s value. Low first offers are just one of many insurance company tricks.
The Lack of Authority Tactic
One common technique used by many adjusters is the ‘limit to authority’ approach. To indicate something like “That’s all the money I have” or “That’s the best I can do.” This technique is designed to convince you that they will pay all the money. Therefore, you will take the money and run.
As set forth above, it is challenging to leverage the benefits of a lawsuit without the assistance of an attorney.
Delay Favors State Farm
Personal injury lawyers have an old saying about insurance companies: “Delay, deny, and defend.” Delays favor the insurance companies, and the longer they can prolong the claim, the better it is for them.
They keep their money longer, but the claim gets harder to make as time goes on. Witnesses move, evidence fades, and someone without a car accident lawyer may make mistakes that hurt their case.
When You Need a Lawyer To Deal With a State Farm Car Accident Claim
If your injuries are substantial, you almost always need an attorney to help. Suppose your personal injury claim was getting checked out at the hospital. Or an urgent care clinic with no follow-up treatment required; you may not need a lawyer.
The general rule is that the more severe your injuries, the more you need an attorney. If you have a preexisting injury, getting an attorney will help you deal with the issue and how the crash aggravated the condition.
Suppose the claim involves a drunk driver or a driver on drugs. Hiring an attorney may be the best approach to maximize your damages. Attorneys who handle car accident injury claims daily understand the value of these cases. And work to ensure that you maximize your damages for each case.
Hiring an Attorney Should be Done as Early as Possible After the Accident.
One mistake we frequently see is the victim attempting to handle the claim themselves and only seeking an attorney after they have failed in negotiations with the company. In the meantime, the actions they have taken or failed to take hurt the value of their claim.
Attorneys have the advantage of being able to file a lawsuit. When they believe that the settlement offers are not reasonable. Allowing a Houston jury to decide damages is an option with a personal injury law firm in Houston.
If you are hurt in a car wreck in Houston. Call Our Houston Auto Accident Attorneys at Baumgartner Law Firm for a Free Consultation-
6711 Cypress Creek Pkwy, Houston, TX, 77069
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